Pharmaceutical Patenting In India: Problem Of Public Access To Health

WHY?AND HOW DO PHARMACEUTICAL PATENTS CAUSE PROBLEMS IN PUBLIC ACCESS TO HEALTH?

?In India and abroad, there are differing viewpoints on how the government's move impacts the pharmaceutical industry. With a large number of pharmaceutical companies, India is ranked 4th in terms of production volume. The patents of pharmaceuticals are vital to fostering innovation. Meanwhile, this whole system of patents can be confusing to those who are not familiar with it.?Patent monopolies are often abused by pharmaceutical companies and they charge unreasonably high prices for approved medicines. A product patent has significantly impacted the availability of medicine. It is difficult for the industry to produce life-saving drugs in India due to the patenting of many generic medicines, including vaccines.[1] Government expectations to protect citizens' health are in direct conflict with the exorbitant price of drugs that block ordinary citizens from accessing the medication. The healthcare system in India, where a large percentage of the population lives below the poverty line, and the healthcare costs are exorbitant, indicates that there exists a serious medical-care crisis with an insufficient supply of affordable healthcare and drugs which are readily accessible.?

?The Indian government faces a critical challenge. This is why they are taking a lot of action to protect the situation. As examples of alternate options, there is compulsory licensing (such as refusing voluntary licenses) and parallel trade policies. It can facilitate the affordability of essential medicines for citizens in developing countries. By creating competition for patented goods, compulsory licensing allows for lower prices for consumers.?The primary function of this provision is to provide an organizational structure for various patent provisions that promote health. As a result, it also encourages the introduction of these provisions in countries that lack them. The second is that it raises the issue of competing claims between patentees and consumers. As of 1998, there were 4016 pharmaceutical companies fighting against the government of South Africa. Their arguments were that the Amendment to the Control of Drugs and Related Substances Act 17 violated their constitutional rights. By adding generic substitutes of off-patent medicines, transparency of pricing, and parallel importation of patented medicines, the Amendment Act created a legal framework for making affordable medicines available. I would have been interested to see how the court weighed the patentees' property rights against their health care rights if the case had gone to judgment. In particular, the state is constitutionally obligated to "take reasonable legislative and other measures to achieve the progressive realisation of" this right, within its abilities.?Due to the fact that the case was withdrawn before it could be brought to trial, this issue remains moot.

?APPROPRIATE SOLUTIONS FOR THE PROBLEM OF PUBLIC ACCESS TO HEALTH?

?One might wonder whether balancing pharmaceutical patents with the right to health is even possible. Is it really necessary to balance the right to health over less important and trivial trade norms if it is a fundamental right necessary for all other human rights?[2] Certainly. Health is one of the most important rights. The law must still provide some means by which innovators can protect their viable interests, which in turn will provide for their livelihoods. A balance must be struck between the interests of both innovators and the public. In my opinion, the pharmaceutical industry has been far too greedy in seeking stronger patent protection regardless of what the costs are, with a few exceptions. They consider TRIPS to be their most effective means of pursuing their profit-driven interests, thereby contradicting it. Specifically, even in TRIPS article 7, it is emphasized that producers and consumers of technological knowledge must be kept in balance. Various measures are taken to protect public health and nutrition in accordance with Article 8 of the Constitution while keeping in mind social and economic welfare.

Scholars have tried to conceptualize possible solutions by investing their time, effort and knowledge into proposing them. Additionally, PPPs and NGOs have conducted good practices in collaboration with large pharmaceutical companies. These groups are making great strides in enabling better access to medicine. The international community will have to decide whether these proposed solutions will be materialized and provide a long-term solution to those who desperately need one.?

?A)Existing solutions?

Several existing approaches to resolving the conflict between access to medicines and the patenting of pharmaceuticals are discussed in this section. First, let me talk about the solution that has gotten international attention, namely the TRIPS flexibility of compulsory licensing. There are solutions such as legislative solutions, compulsory licensing alternatives and the Generic Competition alternative. The trick is implementing them correctly.?

?The TRIPS Agreement, which came into effect in India in 2005, is one of the most important agreements signed by important countries. India did not grant product patents for drugs before the TRIPS regime. In spite of strict patent regimes in developed countries, the generic drug industry flourished during that time in India. As a result, there was no problem with drug accessibility in India under this system. Likewise, even the drugs that were very expensive in other countries were very inexpensive in South Korea. It is important for developing nations to have access to drugs at very low prices. As a result, to ensure that compulsory licensing is not oppressive but not too liberal so that people tend to misuse drugs, the laws should be designed in such a way that they do not create obstacles to drug regulation.?

?(B) Possible solutions?

?Despite the fact that these solutions have been well-framed, they have failed to bring about any significant changes in this area. Due to this, a great deal of effort has been spent by many organizations and scholars in discovering alternatives that are acceptable for both sides. I will first present the solution that has been contested by the industry - price reductions for developing countries - which, if properly implemented, could significantly improve access to medicines. Price reduction, health impact fund, and good corporate citizenship are some of the possible solutions that can be suggested. By providing a fine balance, these solutions can be offered.?

Pharmaceutical companies, patients, advocacy groups, prescribers, payers, and policymakers regularly discuss the cost of prescription drugs. Prescription drug costs are driven in part by the availability of competing products, but this is not the only factor. As a result of the patent rights and/or exclusive marketing rights granted by the federal government to the innovator company, competitors' products, such as generics and biosimilars, cannot be made available immediately. It is intended to encourage innovation and development of new, safer, and more effective prescription medications by granting such exclusivity. The majority of drug prices can be reduced in this respect by bringing harmony between the owner and regulator of the patent.

?CONCLUSION?

?As healthcare is organized in developing countries like India, fundamental rights are grossly violated. In the absence of basic minimum healthcare, the principle of justice is violated. Patented inventions enable industry and economic welfare only through localisation of their use. As a result, the inventive activity must result in innovation. Patent laws in India are among the best and aspire to balance inventor and common man interests. Patents can be obtained by pharmaceutical companies in India after the introduction of the product patent regime. Researchers should carefully consider the criteria of patentability before applying for a patent, and seeking advice from a patent expert is highly recommended in this regard. A patent right can be assigned or licensed to another person or company after it has been acquired. The use of patents can be an effective means of transferring technology to institutions that lack manufacturing capabilities or marketing capabilities. Companies could outsource the development of patented products and processes to third parties and earn revenue as a result of recouping the investment made in defining those products and processes.?Licensed products can be marketed under certain conditions under a compulsory license. Despite development in the Indian pharmaceutical industry, the monetary interest of big players continues to threaten access to life-saving drugs at reasonable prices. It is critical to innovate and patent at the same time. In the medical field especially, innovation should serve humankind, and patents should not just be for profit.